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People v. DeLeyden

Court of Appeals of the State of New York
Oct 19, 1961
10 N.Y.2d 293 (N.Y. 1961)

Summary

In People v. DeLeyden (10 N.Y.2d 293) we upheld, on other grounds, a speeding conviction predicated solely on the opinion evidence of a police officer.

Summary of this case from People v. Olsen

Opinion

Argued October 12, 1961

Decided October 19, 1961

Appeal from the County Court of Erie County, ROBERT C. SANBORN, J.P.

Carman F. Ball, District Attorney ( Leonard F. Walentynowicz of counsel), for appellant. Daniel J. Kij for respondent.


It was not an abuse of discretion, in this speeding case, for the Justice of the Peace to permit the reopening of the People's case. We further hold that in this nonjury trial, which was prosecuted by a Deputy Sheriff, it was not error for the Justice to question the witness in order to elicit sufficient facts to enable him to reach a decision (see People v. Mendes, 3 N.Y.2d 120, 121; People v. Bilanchuk, 280 App. Div. 180, 182-183).

The order appealed from should be reversed, the information reinstated, and the matter remitted to the County Court for consideration of the other grounds urged by defendant in that court.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Order reversed, etc.


Summaries of

People v. DeLeyden

Court of Appeals of the State of New York
Oct 19, 1961
10 N.Y.2d 293 (N.Y. 1961)

In People v. DeLeyden (10 N.Y.2d 293) we upheld, on other grounds, a speeding conviction predicated solely on the opinion evidence of a police officer.

Summary of this case from People v. Olsen

In People v. DeLeyden (10 N.Y.2d 293), there was no prosecutor present at all, other than the Deputy Sheriff who had charged the defendant with speeding, and the presiding Justice himself interrogated the Deputy Sheriff after the latter had testified.

Summary of this case from People v. Citadel Mgt. Co.

In People v. De Leyden (10 N.Y.2d 293) the Court of Appeals specifically said that it is not error for a Justice to question a witness in order to elicit sufficient facts to enable him to reach a decision.

Summary of this case from People v. Talbot
Case details for

People v. DeLeyden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALBERT P. DeLEYDEN…

Court:Court of Appeals of the State of New York

Date published: Oct 19, 1961

Citations

10 N.Y.2d 293 (N.Y. 1961)
220 N.Y.S.2d 961
177 N.E.2d 924

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